TERMS AND CONDITIONS

Welcome to Abracadabra Distribution Inc. (later referred as Abracadabra) Web Site. Please review the following terms and conditions that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the ‘Agreement’).

GENERAL

We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of or may add to our Site from time to time.

LIMITED LICENSE

You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on this Site (collectively, ‘Content’) are owned by Abracadabra or its licensors. You are expressly prohibited from using any Content without the express written consent of Abracadabra or its licensors. Except as otherwise stated, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of Abracadabra and/or the appropriate licensor. Permission is hereby granted to display, copy, distribute, and download the material on this Site solely for personal, noncommercial use provided that you make no modifications to the material and that all copyright and other proprietary notices contained in the material are retained. You may not, without Abracadabra’s express written permission, ‘mirror’ any material contained on this Site. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed material. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

YOUR COMMUNICATIONS

All comments, feedback, postcards, suggestions, ideas, images, photographs, video clips, audio clips, graphics, tags, data, material, information, and other submissions disclosed, submitted or offered to Abracadabra, or included with any hashtags provided by Abracadabra, on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively, ‘User Content’) shall be and remain Abracadabra property. Such disclosure, submission, or offer of any User Content shall constitute an assignment to Abracadabra of all worldwide rights, titles and interests in all copyrights, and other intellectual properties in the User Content. Thus, Abracadabra will own exclusively all such rights, titles and interests, and shall not be limited in any way in its use or modifications to the submission, commercial, or otherwise, of any User Content. Abracadabra is not and shall not be under any obligation (1) to maintain any User Content in confidence; (2) to pay to user any compensation for any User Content; (3) to credit or acknowledge any user for User Content; or (4) to respond to any User Content. You agree that User Content submitted by you to the Site will not violate the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s). You further agree that User Content submitted by you to the Site will not be and will not contain defamatory or otherwise unlawful, abusive, obscene, or otherwise objectionable material in Abracadabra’s sole discretion. You are and shall remain solely responsible for any User Content you submit on the Site. You agree that Abracadabra may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site contests, promotions, and/or requesting promotional information or product updates, you agree that Abracadabra may use your information for marketing and promotional purposes.

ABRACADABRA’S COMMUNICATIONS TO YOU

You agree that Abracadabra may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Abracadabra’s products or services, or for such other purpose(s) as Abracadabra deems appropriate.

COLOURS

We have made every effort to display, as accurately as possible, the colours of our products that appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

OUR PRODUCTS

From time to time there may be information on abracadabradist.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you are not completely satisfied with your abracadabradist.com purchase, you may return it with your invoice to Abracadabra Customer Service Department. Please see our RETURN POLICY for details.

LINKS TO OTHER WEB SITES AND SERVICES

To the extent that this Site contains links to outside services and resources, the availability and content of which Abracadabra does not control, any concerns regarding any such outside services or resources, or any link thereto, should be directed to the particular outside service or resource.

DISCLAIMER OF WARRANTY

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT ABRACADABRA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. In no event will Abracadabra be liable to any party for any direct, indirect, incidental, special, consequential, or punitive damages for use of this site or any other linked web sites including, without limitation, lost profits or revenues, cost of replacement, business interruptions, loss of data, or damages resulting from use of or reliance on the information present, even if Abracadabra is expressly advised about the possibility of such damages. You agree to defend, indemnify, and hold Abracadabra harmless from and against any and all claims, damages, costs, and expenses, including legal fees, arising from or related to your use of the Site.

TERMINATION

This Agreement is effective unless and until terminated by either you or Abracadabra. You may terminate this Agreement at any time. Abracadabra also may terminate this Agreement at any time and may do so immediately without notice, and accordingly, deny you access to the Site, if in Abracadabra’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Abracadabra, you must promptly destroy all material, downloaded or otherwise, obtained from this Site, as well as all copies of such material, whether made under the terms of this Agreement or otherwise.

SUPPORT

PRIVACY

We take great precautions to keep the information you share with us safe and private. We will not sell or give your personal information to other marketers without your express consent. However, from time to time, we would like your permission to send you sneak previews of new products, or personalized offers or tips. You will be receiving these offers or tips only if you choose to opt in to these services. We also may ask for comments on how to improve our products or programs. In order to do so, your information may be securely shared with our agencies, who perform these services on our behalf, or safely stored in countries other than where collected. You can easily opt out of this type of communication at any time by contacting us at [email protected]

SHIPPING & RETURNS

SHIPPING POLICY

Orders are processed and shipped Monday through Friday (except for statutory holidays). Orders are usually shipped within 2 to 3 business days from the order receipt date. Orders placed on the weekend and statutory holidays are processed the next business day.

FREE SHIPPING on purchases of $132.00 or more via Canada Post. You must purchase a total item value of $132.00 before taxes, shipping and handling. Additional charges apply for express shipping.

Tracking information will be provided once the shipping label is generated via an email confirmation.

INTERNATIONAL CUSTOMERS

Please visit our authorized Abracadabra international for a list of countries.

UNCONFIRMED SHIPPING ADDRESS

Due to identity theft and credit card fraud, PayPal will warn us that the ‘ship to’ address is not confirmed (generally because it is not the same as the billing address). This warning raises a flag indicating that there is a risk associated with this transaction. It is our obligation to verify your address information via an email request before we are able to process the order.

If we receive an order with an “Unconfirmed” shipping address, the order will be put on hold and an email will be sent to you. The order will only be released when we receive an email response with the requested confirmation.

WHAT CAN I DO TO PREVENT MY ORDER FROM BEING ON HOLD?

We advise our customers to take the following necessary steps:

Check your record with PayPal first to make sure that all of your information is correct and up-to-date. If you don’t have a PayPal account, please ensure the credit card BILLING and SHIP TO address are the same or we will need to contact you for the address confirmation.

For PayPal orders that have “Unconfirmed” shipping addresses and are not confirmed by you via a return email within five (5) business days of the order receipt date will be cancelled and fully refunded back to your account. You may re-order, but we will need to confirm your billing and shipping information.

RETURN POLICY

DUE TO PERSONAL HYGIENE CONCERNS, ALL SALES OF ABRACADABRA SELF-ADHESIVE PRODUCTS ARE FINAL. FINAL SALE ITEMS CANNOT BE RETURNED OR EXCHANGED ONCE THE SEAL ON THE PACKAGING HAS BEEN BROKEN. ABRACADABRA GUARANTEES THE QUALITY OF ITS PRODUCTS AND WILL REPLACE ANY DEFECTIVE ITEM(S).

IN THE EVENT THAT WE SHIPPED YOU THE WRONG ITEM(S) OR YOU ORDERED THE WRONG ITEM(S), THE PRODUCT MUST NOT HAVE BEEN WORN AND THE ORIGINAL PACKAGING SEAL MUST BE INTACT.

The following Return Policy only applies to online purchases made through Abracadabradist.com. All store purchases may only be returned to the original store or online store of purchase. Please contact your original store of purchase for their Return Policy information.

DEFECTIVE OR WRONG ITEM(S) SHIPPED

Exchanges are only processed for DEFECTIVE or WRONG item(s) shipped within 30 days from the invoice date. We will be glad to send out a replacement of the original item(s) purchased at no additional cost as long as the item(s) is in stock. If the item(s) is not in stock, you will be notified via email and will have the option of 1.) substitute the item(s) for a similar one at the same price or 2.) receive a full refund for that item.

PROCEDURES FOR RETURNS & EXCHANGES

•Email Abracadabra customer service at [email protected] to obtain a Return Authorization Number. Include in the email your name, Abracadabra invoice number, and the reason for your return request. If your Abra is defective, please include a photo of the interior cups of the Abra.

•We will forward you a return shipping label via email.

•Securely repack your return item(s) in the original shipping box and include a copy of your Abracadabra invoice.

DEFECTIVE ITEM(S)

Once we receive the returned item(s), an inspection will be performed. A customer service representative will email you confirming the results. If it is determined that the item(s) is defective due to a manufacturing defect, we will ship you a replacement. If it is determined that the item(s) was damaged due to improper use, we will not replace your item(s).

WRONG ITEM(S) SHIPPED

Once we receive the returned item(s), we will verify that the item(s) was not worn and the packaging seal is intact. A customer service representative will then email you confirming that your correct item(s) has shipped.

WRONG ITEM(S) ORDERED

ALL returns and exchanges (except for defective or wrong item shipped) are subject to a 15% RESTOCKING FEE and shipping & handling is non-refundable. Returns and exchanges are accepted within 15 days from the invoice date.

If you ordered the wrong item(s) and would like to exchange it, we will be glad to send out a replacement of the original item(s) purchased. If the item is of a higher value, we will charge the difference. In the case where the item(s) is of a lower value, you will be credited. If the item(s) are not in stock, you will be notified via email and will have the option of 1.) substitute the item(s) or 2.) receive a full refund for that item.

The Abra is designed for women who are looking for support, freedom and beauty! Sizes are available in A-F (message or email us for help sizing). It is the solution for backless strapless dresses, tops, and uniquely cut outfits.